What post did Zorkin hold? Zorkin Valery Dmitrievich: biography, photos and interesting facts

Chairman of the Constitutional Court of the Russian Federation since March 21, 2003 The president Dmitry Medvedev
Vladimir Putin Predecessor Marat Baglay

	Chairman of the Constitutional Court of the Russian Federation
May 16, 1992 - October 6, 1993 (29 October 1991 - 16 May 1992 as Chairman Constitutional Court of the RSFSR)

The president Boris Yeltsin Predecessor position established Successor Nikolay Vitruk (acting)
Vladimir Tumanov Birth 18th of Febuary(1943-02-18 ) (76 years old)
With. Konstantinovka, Oktyabrsky district, Primorsky Krai, RSFSR, USSR The consignment CPSU
(1970 - 1991) Education Moscow State University Academic degree Doctor of Laws (1978) Academic title Professor (1979) Awards Place of work

• Moscow State University

Media files on Wikimedia Commons

Biography

Born into a military family. Later his family moved to Moscow.

Education and teaching

Another high-profile case was the “CPSU case”. On May 26, 1992, communist deputies of the Supreme Council of the Russian Federation submitted to the court the question of the legality of Yeltsin’s Decrees on the ban on the CPSU and the Communist Party of the RSFSR dated August 23 and November 6, 1991. In response to this, “democratic” deputies led by Oleg Rumyantsev raised the question of the constitutionality of the CPSU. On November 30, 1992, the case was over and certain provisions of the decrees were declared unconstitutional. This decision allowed the grassroots structures of the Communist Party of the RSFSR to recreate the central leadership of the party.

In the early 1990s, the Constitutional Court, headed by Zorkin, declared many of Boris Yeltsin’s decisions to be contrary to the Constitution. On March 20, 1993, he appeared on television condemning the presidential decree “On a special regime of governance until the crisis of power is overcome” even before the publication of the document. In the summer of the same year, several judges of the Constitutional Court adopted a statement stating that the chairman, in their opinion, crossed the line separating judicial activities from political ones.

Member of the Presidium of the Russian Lawyers' Association.

On February 21, 2006, and then on February 20, 2009, he was re-elected Chairman of the Constitutional Court. On February 22, 2012, Valery Zorkin became Chairman of the Constitutional Court of the Russian Federation for the fifth time.

He is a member of the Anti-Corruption Council under the President of the Russian Federation (approved by the Decree of the President of the Russian Federation of May 19, 2008).

Valery Zorkin took part in the development of a number of constitutional and legal doctrines that formed the basis of the legal positions of the Constitutional Court of the Russian Federation. In particular, the doctrine of human rights protection formulates the principles of maintaining citizens' trust in the law and state actions, the principle of legal certainty and reasonable stability of legal regulation, and the principle of predictability of legislative policy. The modern Russian doctrine of sources of law substantiates the precedent significance of decisions of the Constitutional Court of the Russian Federation and the European Court of Human Rights.

Scientific activity

At an early stage - a study of the creativity of representatives of liberal political and legal thought Tsarist Russia and conservative political thought of England in the 17th-18th centuries.

In the future - the study of the philosophical and theoretical foundations of the international legal order and Russian constitutionalism. The author develops a legal concept national sovereignty in the context of globalization. He justifies the need to preserve the Westphalian Accords, based on the principle of formal equality of states. Recognizing the processes of political and economic globalization, he warns against their interpretation as the withering away of the state, movement towards the formation of the so-called “world government”, etc.

IN last years the author analyzes the sources of the systemic global economic and political crisis. He sees the reasons for this crisis in the deviation from the principle of the rule of law in the economy, which was the result of an imbalance of the rights and responsibilities of states, international financial institutions and transnational corporations. He points to the resolution of the contradictions between the constitutional duty of the state to guarantee the rights and freedoms of man and citizen and the need to ensure national security. Valery Zorkin substantiates the need for the practical implementation of the principle of the rule of law (which he interprets as the legal quintessence of modern democracy) as the basis for the emerging new world order. The main imperative of modern civilization, he emphasizes, is “democracy through law.”

Main stream scientific activity Valeria Zorkin is associated with the formation and development of philosophical, legal and theoretical and legal foundations Russian constitutionalism. His scientific interests include such problems as the historical conditionality of the constitutional and legal development of Russia, the foundations rule of law, Aspects social justice and legal nature social state, reforming the Russian judicial system, the main directions of legal modernization of Russia, etc.

Analyzing the modern meaning of the human right to dignity, Valery Zorkin pays special attention to those aspects of this phenomenon that are associated with the concept of “decent life”. He argues with those who deny the legal nature of social human rights and question the possibility of their judicial protection. The author interprets the state's social policy as a system of compensatory legal measures aimed at equalizing the starting capabilities of individuals. Thus, he brings the issue of social rights into the scope of action legal principle formal equality. On this theoretical basis, the author develops the doctrine of a legal social state, which is important not only for protecting the violated rights of specific citizens, but also for improving the quality of social legislation and improving social policy the state as a whole.

Views

In his speeches and lectures, Valery Zorkin repeatedly spoke about the priority Russian law over international. He, in particular, pointed out that the provision of the Russian Constitution on the priority of international treaties over Russian laws does not mean the delegation of sovereignty, and that this priority cannot extend to the Constitution of the Russian Federation.

In connection with mass appeals from Russian citizens to the European Court of Human Rights, Zorkin stated that

... our internal judicial system is imperfect, including the stages related to supervision, appeal, cassation instances. They need to be brought into compliance with standards.

In his article published on September 26, 2014 in Rossiyskaya Gazeta, he assessed serfdom, abolished in 1861. He believes that the abolition of serfdom destroyed the already noticeably weakened connection between the two main social classes of the nation by this time - the nobility and the peasants: “With all the costs of serfdom, it was precisely it that was the main bond holding the internal unity of the nation.”

In a number of texts he makes a distinction between legal and spiritual bonds: “For centuries and even millennia, Russia was held together by higher spiritual bonds, called differently in different times. Being held together by these bonds, it could treat legal bonds with greater or lesser disdain.”

He criticizes the protection of “various types of minorities” to the detriment of the interests of other sectors of society. In a report at an international conference in Serbia, he noted: “Old democracies, inspired by the ideas of liberalism, are very actively moving towards the protection of various kinds of minorities and often very decisively ignore the objections of their citizens who are concerned about the consequences of such decisions.” He expressed similar points at a public report in Seoul in 2014.

On November 1, 2016, Chairman of the Constitutional Court of Russia Valery Zorkin said that the world legal system is collapsing, which was predicted by the Apostle Paul.

On May 18, 2017, Valery Zorkin stated that the protection of human rights should not undermine the moral foundations of society and destroy its religious identity.

At the IV Legal Forum of the BRICS countries in Moscow, Valery Zorkin called for introducing an unconditional basic income in Russia, following the example of Finland. According to Zorkin, the world is on the verge of moral degradation, and it is necessary to create barriers against market selfishness and growing poverty. He also noted the global automation of production, which could lead to total unemployment and even greater poverty.

Awards

Qualification class

Proceedings

• From the history of bourgeois-liberal political thought in Russia, the second half of the 19th century- beginning of the 20th century: B. N. Chicherin. - M.: Moscow State University Publishing House, 1975. - 173 p.
• Positivist theory of law in Russia. - M.: Moscow University Publishing House, 1978 - 270 p.
• Muromtsev / Rep. ed. V. S. Nersesyants. - M.: Legal literature, 1979. - 128 p.
• Chicherin / Rep. ed. P. S. Gratsiansky. - M.: Legal literature, 1984. - 112 p. - (From the history of political and legal thought).
• The Constitutional Court of Russia in the European Law Landscape =The Constitutional Court of Russia in the European legal field /Hrsg. R. Waldburger, C. M. Baer, ​​U. Nobel, B. Bernet. -Bern: Stämpfli Verlag AG, 2005. -S. 1095 – 1115.
• Russia and the Constitution in the 21st century: A view from Ilyinka / -M. : Norma, 2007. -400 s.
• Russia and the Constitution in the 21st century / -2nd ed. -M.: Norma, 2008. -592 s.
• Constitution and human rights in the 21st century: To the 15th anniversary of the Constitution of the Russian Federation and the 60th anniversary of the Universal Declaration of Human Rights / - M.: Norma, 2008. -224 s.
• Axiological Aspects of the Russian Constitution / -Den Haag: Eleven International Publishing, 2010. -P. 169 – 185.
• Modern world, law and the Constitution / -M.: Norma, 2010. -544 pp.
• Constitutional and legal development of Russia / -M.: Norma; Infra-M, 2011. -720 s.
• Law in conditions of global change / -M.: Norma, 2013. -496 s.
• Legal path of Russia / -M., 2014. -158 pp.
• Civilization of law and development of Russia / -2nd ed., rev. and additional -M.: Norma; Infra-M., 2016. -416 s.
• Civilization of law and development of Russia / -2nd edition. -M.: Norma, 2016. -450 p.
• Constitutional Court of Russia: Doctrine and practice / - M.: Norma, 2017. -592 s.
• Law against chaos: Monograph / -2nd ed., revised. and additional -M.: Norma, Infra-m, 2018. -368 s.

Notes

1. Resolution of the Constitutional Court of the RSFSR of January 14, 1992 No. 1-P “On the case of verifying the constitutionality of the Decree of the President of the RSFSR of December 19, 1991 “On the formation of the Ministry of Security and Internal Affairs of the RSFSR””
2. Resolution of the Constitutional Court of the RSFSR dated March 13, 1992 No. P-P3-I
3. RESOLUTION (unavailable link) Constitutional Court of the Russian Federation of November 30, 1992 No. 9-P
4. Statement of the Chairman of the Constitutional Court of the Russian Federation dated October 6, 1993
5. Ulansky Ya. The Constitutional Court no longer has a chairman // Kommersant newspaper No. 192. 10/07/1993
6. Vedomosti. How Valery Zorkin became indispensable for the Kremlin (January 31, 2018). Retrieved January 31, 2018.
7. Valery Zorkin recognized the priority of the Constitution over international law (undefined) . Retrieved September 18, 2015.
8. Zorkin: The Strasbourg court should get involved in extreme cases Gazeta.ru 12/07/2008
9. Lenta.ru: Politics: The Chairman of the Constitutional Court compared the opposition with Chatsky
10. M. S. Gorbachev. Is there morality in chaos? (undefined) . Nezavisimaya Gazeta (December 26, 2012). Retrieved December 28, 2012. Archived January 5, 2013.
11. Valery Zorkin. The court is quick, just and equal for everyone (undefined) . Russian newspaper (09/26/2014).
12. Valery Zorkin. Right and only right (undefined) . Russian newspaper (23.03.2015).
13. Valery Zorkin. Trust and Right (undefined) . Russian newspaper (29.04.2013).
14. Valery Zorkin. Europe ignores the opinions of its citizens by passing laws to protect sexual minorities (undefined) . Fontanka.ru (17.10.2013).

Russian lawyer, judge and chairman of the Constitutional Court of the Russian Federation in 1991 - 1993. and since 2003, professor, Doctor of Law (1978), Honored Lawyer of the Russian Federation (2000).

"Biography"

Valery Dmitrievich Zorkin was born on February 18, 1943 in the family of a military man, Konstantinovka, Oktyabrsky district of Primorsky Krai. Later his family moved to Moscow.

Education

Graduated from the Faculty of Law of Moscow State University in 1964. After graduating from graduate school, he was a teacher at the Law Faculty of Moscow State University. In 1967, he defended his dissertation at Moscow State University for the degree of Candidate of Legal Sciences on the topic “B. N. Chicherin’s views on the state and law,” after which he continued teaching at Moscow State University as an assistant professor.

"Themes"

"News"

Yevkurov asked the Constitutional Court to check the agreement with Chechnya

The request from the head of Ingushetia is still under preliminary study. The agreement had already been considered by the regional Constitutional Court, but Evkurov said that only the Constitutional Court of Russia could make a decision on such an issue

The Chairman of the Constitutional Court denied reports of his resignation

The head of the Constitutional Court Valery Zorkin is not going to resign. He told reporters about this on the sidelines of a conference in St. Petersburg. Earlier, RIA Novosti reported about Zorkin’s imminent departure, citing a source.

Zorkin proposed a source of payment of compensation to Yukos shareholders

Funds for compensation to Yukos shareholders in the amount of €1.87 billion, according to the decision of the ECHR, must be taken from foreign accounts to which the company's managers withdrew money, said the head of the Constitutional Court Valery Zorkin

The Federation Council reappointed Zorkin as head of the Constitutional Court

At a meeting of the Federation Council, senators reappointed Valery Zorkin to the post of head of the Constitutional Court. RIA Novosti reports this.

The Constitutional Court recognized the right of Crimeans without registration to Russian citizenship

In March last year, the Chairman of the Constitutional Court of the Russian Federation, Valery Zorkin, entered into a public debate with the publicist and legal scholar Elena Lukyanova, who expressed complaints about the position of the Constitutional Court regarding the annexation of Crimea.

Lessons from 1993: shoot and that’s enough

The Constitutional Court, where Valery Zorkin presided even then, declared Yeltsin’s decree unconstitutional. Impeachment proceedings were launched. Yeltsin could very likely have been dismissed then. Moreover, the resistance against him was led not only by Ruslan Khasbulatov, who chaired the Supreme Council, but also by Vice President Alexander Rutskoy. Second time in short term(the first happened in August 1991, when a rebellion against USSR President Gorbachev was raised by the State Emergency Committee, which included Vice President Gennady Yanaev) the vice president rose up against the president. And, of course, for the last time. The 1993 Constitution no longer provided for such a position.

Chairman of the Constitutional Court Valery Zorkin made a number of high-profile statements

Loud statements by the head of one of the highest courts were made today on the sidelines of the International Legal Forum, which is taking place in St. Petersburg. Valery Zorkin gave a planned lecture.

Perhaps one of the most striking statements of the judge of the Constitutional Court of Russia is that the United States of America is doing exactly the same as Hitler’s Germany did when it ignored the institution of the League of Nations. Valery Zorkin said that he sees in performances current president USA Barack Obama almost verbatim quoting politicians and propagandists of the Third Reich.

Chairman of the Constitutional Court Valery Zorkin owns an apartment, as does his daughter and full-time adviser Natalya Zorkina.

The high courts are staffed by large landowners

The Constitutional Court traditionally leads in the welfare ratings of the highest courts. Chairman of the Constitutional Court Valery Zorkin this time declared more than his colleagues - 9.45 million rubles. (600 thousand rubles more than a year earlier), his daughter and full-time adviser Natalya Zorkina earned 2.4 million rubles, they own an apartment. The same amount as the chairman of the Constitutional Court (9.5 million rubles) was received in 2012 by judge of the Strasbourg court Anatoly Kovler, now an adviser to the Constitutional Court (he has two apartments).

The highest judges of Russia turned out to be large landowners

The Supreme (SC), Constitutional (CC) and Supreme Arbitration (SAC) courts published information on income for 2012. As follows from the declarations, large landowners have settled in all courts, writes Kommersant.

The Constitutional Court confirmed the right of voters to challenge election results in court.

RBC 04/22/2013, St. Petersburg 12:41:06 The Constitutional Court of the Russian Federation confirmed the right of voters to appeal the election results in court. This is stated in the published message of the Constitutional Court.

The Constitutional Court allowed Russians to appeal the election results

The Russian Constitutional Court allowed citizens to appeal the election results. Thus, he satisfied the complaints of the Commissioner for Human Rights in Russia, as well as a group of residents of St. Petersburg and the Voronezh region.

V. Putin made changes to the law on the Constitutional Court.

RBC 04/08/2013, Moscow 11:00:32 Russian President Vladimir Putin signed the federal law, introducing amendments to Article 80 of the Law “On the Constitutional Court of the Russian Federation”. This is stated in a message on the Kremlin website. The document was adopted by the State Duma on March 22 and approved by the Federation Council on March 27 this year.

The President is threatened with the Constitutional Court for the “juvenile law”

Civil activists, already aggressively opposed to juvenile justice, became more active after the recent adoption by the State Duma of two bills with “dangerous fragments” and the inclusion of a project on social patronage in the summer session plan. Parental emotions are still restrained by Vladimir Putin’s support, but social activists do not rule out appealing to the Constitutional Court and holding mass rallies if it turns out to be only in words.

Valery Zorkin gave a lecture on the Constitution to State Duma deputies

In the context of celebrating the 20th anniversary of parliamentarism in Russia, Chairman of the Constitutional Court Valery Zorkin gave a short lecture in the State Duma.

Do voters have the right to appeal election results?

The Constitutional Court is studying this possibility, but government officials are categorically against it: lawsuits will undermine confidence in those elected

The State Duma's plenipotentiary representative in the Constitutional Court refused to comment on accusations of plagiarism

The plenipotentiary representative of the State Duma in the Constitutional Court, Dmitry Vyatkin, refused to comment on the accusations of plagiarism when writing a dissertation that appeared on the Internet, saying that this was the first time he had heard about it.

The Constitutional Court will consider whether voters can appeal the election results in court.

RBC 03/14/2013, St. Petersburg 09:44:46 The Constitutional Court of the Russian Federation will consider today the question of whether voters have the right to appeal the election results in court. This is stated on the official website of the court.

(b. 1943) Russian statesman, lawyer, specialist in constitutional law, Doctor of Law. Since 1991 Chairman of the Constitutional Court of the Russian Federation. In March 1993, the court under his chairmanship declared the decree of President B.N. Yeltsin unconstitutional, which intensified the confrontation between the executive and legislative powers. After the tragic events in October 1993, he was forced to resign as chairman of the Constitutional Court, but remained a member. In 2003 he was again elected chairman of the Constitutional Court, and in 2006 he was re-elected again.

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ZORKIN Valery Dmitrievich

Chairman of the Constitutional Court of the Russian Federation. Born in 1943 in the village. Konstantinovka, Primorsky Krai. In 1964 he graduated from the Faculty of Law of Moscow State University, then graduate school at Moscow State University. Doctor of Law, Professor. Defended his candidate's dissertation on the topic “The views of B.N. Chicherin on State and Law" (1967); doctoral dissertation on the topic “Positivist theory of law in Russia (historical-critical research)” (1978). He taught at the Faculty of Law of Moscow State University. Since 1980 - Professor of the Department of Constitutional Law and Theory of State and Law of the Academy of the Ministry of Internal Affairs of the USSR. In 1991 - Professor of the Department of State and Legal Disciplines of the All-Union Legal Correspondence School of the Ministry of Internal Affairs of the USSR. In 1990-1991 he led a group of experts of the Constitutional Commission of the RSFSR, participated in the preparation of the draft of the new Constitution of the RSFSR. Since October 30, 1991 - Chairman of the Constitutional Court of the Russian Federation. In October 1993, after the activities of the Constitutional Court were suspended by Decree of the President of the Russian Federation, Boris Yeltsin resigned from the post of chairman, remaining a judge of the Constitutional Court. Re-elected Chairman of the Constitutional Court of Russia, he officially took office on February 21, 2003. Works: The Path to Freedom // Rossiyskaya Gazeta (Capital Issue). 2009. September 16; Muromtsev. M.: Legal. lit., B. g.; Chicherin. M.: Legal. lit., 1984; History of political and legal doctrines of the 19th century. / Grafsky V.G., Kobzev A.I., Zorkin V.D. and etc.; Editorial team: P.S. Gratsiansky et al. M.: Nauka, 1993; Theory of state and law: Textbook for universities on special topics. “Jurisprudence” / Denisov A.I., Zorkin V.D., Kenenov A.A. and etc.; Ed. A.I. Denisova. M.: Legal. lit., 1980. Lit.: Federal and regional elite of Russia: Who is Who in politics and economics: Annual biographical reference book. M., 2001.

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ZORKIN Valery Dmitrievich

(b. 02.25.1943)

Chairman of the Constitutional Court of the Russian Federation in

the first (from February 21, 2003) and second presidential terms of V.V. Putin.

Born in Primorsky Krai. Received education at

Faculty of Law, Moscow State University. M.V. Lomonosov (1964) and in graduate school at Moscow State University.

Doctor of Law, Professor. In 1979–1986 worked in law school

faculty of Moscow State University as a teacher, senior lecturer, associate professor. Specialized

in the field of legal doctrines, including early Christian ones. Was a professor at the department

constitutional law and theory of state and law of the Academy of the Ministry of Internal Affairs of the USSR. IN

1986–1991 Professor of the Department of State and Legal Disciplines

All-Union Law Correspondence School of the USSR Ministry of Internal Affairs. In 1990–1991

head of the group of experts of the Constitutional Commission of the People's Congress

deputies of the RSFSR. Participated in the preparation of the new Constitution of the RSFSR.

08/19/1991 signed a statement by a group of members and experts of the Constitutional

commission on the unconstitutional coup d'etat carried out

State Emergency Committee. From October 1991 to 1993 Chairman of the Constitutional Court

RF. Didn't agree with M. S. Gorbachev, who sent him in January

1992 letter asking not to accept the complaint of the communists in

Constitutional Court with an appeal to consider the legality of presidential decrees B.

N. Yeltsin about the ban Communist Party. The constitutionality of these decrees

was considered at court sessions from May 26, 1992 to November 30, 1992. In

As a result, B. N. Yeltsin’s dissolution of only the leading

structures of the CPSU, but not primary organizations, “since these organizations

retained their public character and did not replace state structures.”

On March 21, 1993, he called unconstitutional the decree of President B. N. Yeltsin on

a special order of governing the country, called by journalists OPUS. At first

September 1993, by order of B. N. Yeltsin, V. D. Zorkin was deprived

a car with special communications and a service dacha. The security of the building was removed

Constitutional Court and judges, carried out by the Main Directorate

security 09/21/1993 Constitutional Court chaired by V.D.

Zorkin, having examined at the court hearing the actions and decisions of the President of the Russian Federation B.

N. Yeltsin, associated with his decree No. 1400 “On the phased constitutional

reform in the Russian Federation" dated September 21, 1993, came to the conclusion that

they do not comply with a number of articles of the Constitution and serve as grounds for dismissal

President of the Russian Federation B.N. Yeltsin from office. On the same day, September 21, 1993,

in the evening an emergency meeting of the Presidium of the Supreme Council of the Russian Federation began, at

which adopted the resolution “On the immediate termination of powers

President of the Russian Federation B.N. Yeltsin.” Vice-President of the Russian Federation A.V. Rutskoy began

fulfilling the duties of the President of the Russian Federation. 09.21.1993 on emergency

meeting of the Constitutional Court, which began at 21:40, decree

No. 1400 was declared illegal. 09/24/1993 V. D. Zorkin spoke

at the X Extraordinary Congress of People's Deputies, proposed to the President and Parliament

return to the zero option, to the state before 09/20/1993: president

must cancel his decree No. 1400, the Supreme Council and the Congress - all adopted

their decisions on this issue. However, V.D. Zorkin’s attempts to convince R.I.

Khasbulatov and A.V. Rutsky did not succeed in negotiating with B.N. Yeltsin

had. On October 5, 1993, after the storming of the House of Soviets, V. D. Zorkin was

B. N. Yeltsin's demand to resign was conveyed. And about. chairman

N.V. Vitruk was appointed to the Constitutional Court. Since 1994 V. D. Zorkin

—

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  Denis Abramov / Vedomosti

  Federation Council on Wednesday reappointed Valery Zorkin, who will turn 75 on February 18, as Chairman of the Constitutional Court (CC). This is already his sixth term in this post - unlike the president, there are no restrictions on the number of members for the chairman of the Constitutional Court. In addition, in 2010, then-President Dmitry Medvedev initiated amendments to the law on the Constitutional Court, which gave its head the right to hold this position indefinitely (for other judges of the Constitutional Court the age limit is set at 70 years). Experts then argued that the changes were made specifically for Zorkin, who, according to the old rules, was supposed to resign in February 2013.

  From rebel to loyalist

  Zorkin became the first chairman of the Constitutional Court after its creation in 1991: he was elected to this position by the judges themselves by secret ballot and for an unlimited term. However, as a result of a confrontation with President Boris Yeltsin, Zorkin was forced to resign from the post of chairman in October 1993 and worked for ten years as an ordinary judge at the Constitutional Court. He received a new promotion under Vladimir Putin in February 2003 (by that time the term of chairmanship was limited to three years). According to the law in force at that time, the election of the chairman was still the prerogative of the judges themselves, and Zorkin’s return came as a complete surprise to the Kremlin. According to a lawyer who worked for many years in the Constitutional Court, this choice was dictated by the lack of an alternative: Marat Baglay, who presided over the court from 1997 to 2003, by that time was already categorically dissatisfied with many of his colleagues.

  “I remember well the panic in presidential administration, when suddenly, unexpectedly for them, Zorkin was elected chairman of the court in 2003, recalls political scientist Gleb Pavlovsky, who collaborated with the Kremlin in those years. - It was a shock. For some time they even considered the question of somehow influencing this, changing it, and talked with Zorkin. But then we decided not to touch anything.” After 1993, Zorkin had a reputation as a rebel, says Pavlovsky: “In December 1993, Zorkin was supposed to come to us for a demonstration of the anti-Yeltsin movement in defense of freedom and human rights. This was a serious choice for him because, by attending the demonstration, he was violating the requirement for a constitutional judge not to engage in political activities.

  Zorkin was then perceived as the banner of the parliamentary opposition, the struggle for the old Constitution. By coming to the demonstration, he created for himself an easy opportunity for resignation, which many really wanted.

  But halfway there he called me and said that he had thought about it and would not come. This was apparently a moment of choice for him - and he remained in the Constitutional Court.” After that, Zorkin was not heard from for 10 years - and suddenly he became the chairman of the Constitutional Court, Pavlovsky continues: “This was unpleasant news for the leadership of the presidential administration.

  But they still left him, because if they interfered with the appointment, it would have been a huge scandal. On the other hand, when we talked with Zorkin and found out what he was breathing, they apparently realized that he wouldn’t create problems - and they calmed down.” After this, the judges re-elected Zorkin as head of the Constitutional Court twice more (in 2006 and 2009), but then lost this right: since 2009, the president received the authority to nominate a candidate for the chairman of the Constitutional Court for approval by the Federation Council (for a six-year term). However, even this did not prevent the head of the Constitutional Court, who began his activities with an uncompromising confrontation with the Kremlin, from being reappointed twice more - in 2012 and 2018., the essence of which boils down to the fact that the court does not interfere with the authorities, member of the Human Rights Council under the President Pavel Chikov is convinced. Zorkin and in the 1990s. was not an opponent of the authorities, says the political scientist, assistant to President Yeltsin in 1994-1997. Georgy Satarov: “The situation was complex, conflicting, there were different institutions of power, and he sided with the one that, as it seemed to him, should win.”

  Zorkin himself has always categorically rejected suspicions that the Constitutional Court makes decisions at the behest of the authorities and is “under the heel of the Kremlin.” “It seems to me that these people who talk about this are simply ridiculous,” he said in 2016 at an international conference in St. Petersburg. “My conscience is clear - I have never received instructions from the president, with the exception of one time, in 1993, when President Yeltsin called and said: “What are you allowing yourself to do?” You oppose the president, and there is a reactionary parliament!” - Zorkin recalled. The Constitutional Court is indeed forced to “show some reasonable restraint” in protecting human rights, he admitted, but this is due to the need to take into account the reality and capabilities of the state.

  Nevertheless, the difference in the position of the Constitutional Court in relation to the Kremlin before 1993 and after 2003 is quite obvious, which is clearly visible in the most high-profile cases of the Constitutional Court.

  In the early 1990s. the most high-profile decisions of the Constitutional Court had a pronounced anti-Kremlin character. Thus, at the beginning of 1992, the Constitutional Court declared Yeltsin’s decree on the creation of a unified Ministry of Security and Internal Affairs unconstitutional - and the Kremlin had to abandon this idea. In November 1992, the Constitutional Court did not allow Yeltsin to complete the defeat of the CPSU, giving its primary cells the right to resume party activities - and as a result, the Communist Party of the Russian Federation was created, which became a serious opposition force that made life difficult for the Kremlin throughout the 1990s. And finally, in 1993, the Constitutional Court twice intervened in the confrontation between the Kremlin and the Supreme Council, taking the side of the deputies. In March, judges declared the president's decree on a special order of government unconstitutional, after which the Kremlin compromised and agreed to hold a referendum on confidence in the president and parliament. And in September 1993, the Constitutional Court recognized Yeltsin’s decree on the dissolution of the Supreme Council as unconstitutional: for the deputies this ended in the shooting of the White House, for the Constitutional Court - the suspension of activities, and for Zorkin himself - in resignation.

  After 2003, the Constitutional Court, on the contrary, as a rule, sided with the Kremlin. In particular, the court confirmed the constitutionality of the law abolishing direct gubernatorial elections and new rules for organizing rallies (as well as draconian fines for violating them), recognized the agreement on the annexation of Crimea as consistent with the Constitution, as well as the provisions of the law “On non-profit organizations”, which introduced the concept of an NPO performing the functions of a foreign agent. In addition, the Constitutional Court allowed Russia not to implement the decisions of the ECHR if contradictions were identified between them and the Constitution (the consequence of which was, for example, the refusal to pay about 2 billion euros to the former shareholders of Yukos according to the decision of the ECHR), and at the beginning of 2018 it confirmed the legality of the non-admission of Alexei Navalny for the presidential elections.

  Zorkin’s regular public appearances also had considerable resonance. Thus, shortly before the decision of the Constitutional Court on the constitutionality of the appointment of governors (which contradicted the resolution of the Constitutional Court itself in 1996), he stated that the court’s interpretation of the Constitution may change depending on historical and political circumstances. And in an article in Rossiyskaya Gazeta dated September 26, 2014, Zorkin actually gave a positive assessment of serfdom, pointing out that its abolition in 1861 destroyed the already noticeably weakened connection between the two main social classes of the nation by that time. “For all the costs of serfdom, it was precisely it that was the main bond holding the internal unity of the nation,” argued Zorkin.

  Both the Constitutional Court and Zorkin himself have changed, says Vadim Solovyov, head of the legal service of the Communist Party of the Russian Federation: the court has transformed into a body of state power and has become part of the nomenklatura, part of the party in power. The Constitutional Court interprets the Constitution so that its interpretation coincides with the position of the authorities; the Constitutional Court never became an independent element and simply fit into the system, says the communist.

  “Zorkin gradually became a politician from a talented lawyer - all decisions of the Constitutional Court are largely more political than legal. Policy is put into legal form. One of the latest examples is our appeals regarding the law on rallies,” recalls Solovyov.

  Faithful lawyer

  “Valery Dmitrievich is absolutely consistent in his views, beliefs and activities as a judge and chairman of the Constitutional Court,” assures Boris Ebzeev, a retired judge of the Constitutional Court and now a member of the Central Election Commission.

  “He is a very integral person,” agrees Chairman of the Human Rights Council Mikhail Fedotov.

  - I clearly understood this back when he was my teacher at the Faculty of Law of Moscow State University and gave me a “failure” in the history of political doctrines. I did not attend his lectures very carefully, believing that the pre-revolutionary textbooks on the history of the philosophy of law, which were abundant in the family library, would be enough for me. But it turned out that this was not the case.” As it turned out, Zorkin was very careful about attendance at his lectures, says Fedotov: “And, noticing my uncertainty on the issue of Chernyshevsky’s political and legal views (naturally, such an author was not even mentioned in the old textbooks), he decisively sent me to retake.” By 1990, Zorkin had made a fairly successful academic career. After graduating from Moscow State University in 1964 with a degree in jurisprudence, he remained there to teach, he reports official biography

  The fact that the model of a super-presidential republic was eventually adopted in Russia was Zorkin’s considerable merit, recalls Russian politician and one of the authors of the Constitution Viktor Sheinis (in 1993-1994 - deputy chairman of the Legislative Proposals Commission under the President): “I then had to deal with There is a dispute about how the role and powers of the president should be presented in the draft Constitution. A staunch supporter of the presidential republic, Zorkin insisted that only it could provide the necessary political stability and with it the balance of power. He and his supporters decisively rejected not only a parliamentary, but also a semi-presidential republic on the French model. Zorkin was then able to convince the majority of the drafters of the Constitution of the validity of his approach, and the alternative option – a government responsible to parliament – ​​was rejected.”

  From Moscow to St. Petersburg

  In December 2005, Vladimir Putin supported the idea of ​​the Governor of St. Petersburg, Valentina Matvienko, to move the CS to the Northern capital. The corresponding bill was submitted to the State Duma by the Legislative Assembly of St. Petersburg and adopted at the end of 2007. The Constitutional Court judges perceived it “with bewilderment and indignation,” retired Constitutional Court judge Tamara Morshchakova told the media, since no one asked their opinion. Valery Zorkin commented on this topic with restraint, pointing out that the Constitutional Court may lose qualified personnel. But the secretariat of the Constitutional Court sent a very sharp letter to the Duma, warning that the move could “result in a violation of the stability of constitutional justice.” Nevertheless, on May 27, 2008, the first meeting of the Constitutional Court was held in the Senate building in St. Petersburg (photo below). An apartment building was built for court staff, and a cottage community was built for judges on Krestovsky Island (photo above).

  In October 1991, at the Congress of People's Deputies of the RSFSR, at the proposal of the deputy group "Communists for Democracy", Zorkin was elected a member of the Constitutional Court, and at the very first meeting of the Constitutional Court he became its chairman.

  The moment of truth for Zorkin came at the height of the political crisis of 1993, Sheinis recalls: he saw a violation of the Constitution by only one side of the conflict and hastily passed a decision in the Constitutional Court, which seriously complicated overcoming the deadly dangerous situation. “Having left the legal field for the political field, he failed to pave the way to pacification,” Sheinis believes.

  The first serious escalation of the confrontation between the executive and legislative powers occurred on March 20, 1993, when Yeltsin made a televised address to the people, in which he announced the suspension of the Constitution and the introduction of a “special order of governance” of the country. Two hours later, Zorkin, speaking on television together with Vice President Alexander Rutsky, called the president’s actions unconstitutional, and on March 23, the Constitutional Court approved a conclusion on this issue, seeing Yeltsin’s actions as grounds for removing him from office.

  According to some judges of the Constitutional Court, having made his personal opinion public then, Zorkin lost the right to take part in court hearings on this issue. In addition, the subject of consideration should have been the written text of the decree, and not Yeltsin’s oral statement (it is believed that in fact the decree was signed no earlier than March 22 and was very different in content from what was announced by the president on television). This served as the basis for accusing the Constitutional Court of political activity.

  “I am deeply convinced that the Constitutional Court acted within absolute legal frameworks during this difficult period of social cataclysm,” Ebzeev objects. - And when they say that he did not have the text of the decree, this is nonsense, we had this text in our hands.

  And it was in no way consistent with the Constitution in force at that moment, or with those universal principles of constitutionalism that should have guided any government - even in that historical period.”

  Loyalty to principles

  In 1993, the Constitutional Court as an institution had enormous influence, says Pavlovsky: then it really was the power that it should be according to the Constitution - and the Kremlin retreated more than once. There was an attempt by Yeltsin to introduce a semi-emergency situation in the country, and Zorkin courageously prevented this, the expert recalls. Somewhere he may have gone beyond the established limits - for example, when he gave an interview - but then it was a question of the court’s decision, and not of Zorkin, Pavlovsky emphasizes.

  “I believe that the Constitutional Court in that historical period gave some chance Russian authorities, Ebzeev argues. - Unfortunately, we did not take advantage of this chance, and therefore in September 1993 another decree on gradual constitutional reform followed. Well, then the events of October 3-4, 1993 happened, which I personally perceive as some kind of act of civil war.”

  On October 6, 1993, Zorkin wrote a letter of resignation. By that time, Yeltsin already had a draft decree on the dissolution of the Constitutional Court, which would have been signed if Zorkin refused to leave. Nevertheless, at the Constitutional Court meeting on October 5, eight of the 12 judges recommended that their chairman remain in office.

  “In 1993, Zorkin was a very extraordinary and intelligent person with a strong sense of entitlement, and there was nothing like what we now read with horror in his articles,” notes Pavlovsky. - I don't know where it came from. He was, perhaps, even the ideal chairman of the Constitutional Court. But he accepted his defeat in 1993 and apparently decided not to tempt fate anymore.”

  That's what Zorkin said

  “The Constitutional Court, as the guardian of the Constitution, of course, interprets its spirit in relation to the times. This allows him to change his legal positions. But there are certain restrictions. The Constitutional Court cannot be guided by the pure letter of the Constitution and must find its spirit.”
  October 2004, speech at VII International forum on constitutional justice

  “We all know how everything that led to the tragedy in February 1917 began. It all started with little things. The soldiers, entering the church, stopped crossing themselves, did not put out their cigarettes, etc. The authority of the officers fell, and that same negativism accumulated, which at first is only fraught with internal rejection. And then this internal rejection turned into the collapse of all institutions, all systems of social life.”
  April 2013, article in “ Rossiyskaya newspaper»

  “Old democracies, inspired by the ideas of liberalism, are very actively moving towards the protection of various kinds of minorities and often very resolutely ignore the objections of their citizens who are concerned about the consequences of such decisions.”
  October 2013, report at an international conference in Belgrade

  “[The abolition of serfdom] destroyed the already noticeably weakened connection between the two main social classes of the nation - the nobility and peasants. Despite all the costs of serfdom, it was precisely this that was the main bond holding the internal unity of the nation.”
  September 2014, article in Rossiyskaya Gazeta

  "Russia's participation in international agreements and conventions only means that Russia voluntarily assumes the obligations listed in these international documents. And leaves behind sovereign right final decisions in accordance with the Constitution of the Russian Federation in case of controversial issues or legal conflicts.”
  May 2015, lecture at the International Legal Forum in St. Petersburg

  “The danger of lawlessness is growing, bringing to mind the words of the Holy Apostle Paul, who at the dawn of the era warned that the mystery of lawlessness is already at work.<...>One cannot but be alarmed by the trends of modern and, above all, Western European legal development, which reveal discrepancies with those moral standards societies that are rooted in Christian traditions.<...>I mean such legislative innovations that declare a legal norm non-traditional models behavior of sexual and gender minorities.”
  November 2016, speech at the World Russian People's Council

  “The protection of human rights should not undermine the moral foundations of society and destroy its religious identity. Ensuring the rights of citizens should not pose a threat to state sovereignty. And finally, the defense of human dignity should not lead to the abandonment of those moral universals on which humanity was once formed and which until now have allowed it to protect itself from self-destruction.”
  May 2017, lecture at the VII St. Petersburg International Legal Forum

  In the 1990s.

  The Constitutional Court had a much greater influence, because much of the legislation was from Soviet times and it was necessary to get rid of all this, says the chairman of the State Duma Committee on Legislation, Pavel Krasheninnikov, who held the position in the late 1990s. post of Minister of Justice: “In 1998, half of the acts in the constituent entities of the Russian Federation contradicted the Constitution, this was mining work. From this point of view, the CC then worked “on the front lines.” Now this is a different job - setting up legislation, many questions have come from outside: what to do with international treaties, how the Constitution should comply with them, and this discussion continues.” It is impossible to say that after Zorkin returned to the post of chairman of the Constitutional Court, the court did not make decisions that were objectionable to the authorities, Fedotov believes. For example, in 2003, when the Constitutional Court was considering a complaint from three journalists related to election campaigning, parliament had already adopted amendments that made it possible to suspend the publication of media outlets for repeated violations of campaigning rules, he recalls: “And this was the real muzzle of the media: election commissions in the regions They’ve already started giving out warnings left and right.”

It was at this moment that Fedotov, as one of the authors of the law on the media, received an invitation from Zorkin to speak at the Constitutional Court as an expert, says the chairman of the Human Rights Council: “And I was incredibly happy when I listened to the resolution of the Constitutional Court and found in it a reflection of the position expressed in my expert opinion" Although, for example, Fedotov “still cannot agree” with the decision of the Constitutional Court in the case of “foreign agents.”

The long-term chairman of the Constitutional Court, a brilliant lawyer Valery Dmitrievich Zorkin lived a long

rich life . His work had a significant impact on the formation of the judicial system in Russia. Formative years On February 18, 1943, a son, Valery Dmitrievich Zorkin, was born into the family of a serviceman in the village of Konstantinovka, Primorsky Territory. When he was still very young, his father was transferred to the capital, and, in fact, the future lawyer grew up as a Muscovite. The boy studied well and was able to pass school curriculum

in an accelerated way. After graduating from school, he goes to serve in the army, but he doesn’t want to follow in his father’s footsteps, he wants to get

higher education , and since he was more of a humanist than a techie by mentality, there was little choice. Study and scientific career State University them. M.V. Lomonosov to the Faculty of Law. And in 1964 he received a diploma in jurisprudence. He also studied very well at the university, which allowed him to stay and work at his alma mater.

Since 1964, Valery Dmitrievich Zorkin has been teaching at Moscow State University, his scientific topic- history of legal doctrines, in particular early Christian and Renaissance ones. In 1967, he defended his dissertation for the title of Candidate of Legal Sciences, the topic of the work is “The views of B.N. Chicherin on State and Law,” becomes an associate professor and continues to teach. At this time, he was greatly interested in the legal aspects of the philosophy of the Italian Renaissance thinker. Zorkin worked at Moscow State University until 1977.

In 1976, he tried to defend his doctoral dissertation on the topic “Positivist theory of law in Russia,” but in the dissertation council of Moscow State University he lacked one vote, and Zorkin did not receive an academic title. This was the reason that he left the university and went to work at the Institute of State and Law, where in 1978 he successfully defended his doctoral dissertation. From 1979 to 1986, Valery Dmitrievich worked at the Academy of the USSR Ministry of Internal Affairs as a professor in the department of constitutional law and theory of state and law. Only then does he acquire his main vital interest - constitutional law. In 1986, he went to work at the Higher Legal Correspondence School of the USSR Ministry of Internal Affairs, where he worked for 4 years.

Work on the Constitution of the Russian Federation

In 1990, Zorkin Valery Dmitrievich, full biography which is associated with constitutional law, becomes an expert of the Constitutional Commission at the Congress of People's Deputies, which worked on the new text of the main law of the Russian Federation. This work helped Zorkin dive deeper into the legal features of the implementation of this law and became the start for his main activity in life. At this time, Valery Dmitrievich proved himself to be a principled lawyer and an active supporter of the presidential republic.

In 1991, during the putsch, Zorkin, together with colleagues from the constitutional commission, signed a document stating that the activities of the State Emergency Committee, from the point of view of the law, were an attempt at a coup. This statement was made in Western media and became a significant help in Zorkin’s subsequent career advancement.

Life's work: Zorkin Valery Dmitrievich - Chairman of the Constitutional Court of the Russian Federation

Supporting Boris Yeltsin's course and working as an expert in the group creating the draft Constitution helped him get a new appointment. Since October 29, 1991, Valery Dmitrievich Zorkin has been a judge of the Constitutional Court of the Russian Federation. And on the first of November he was elected Chairman of the Constitutional Court for an unlimited term. Having headed the constitutional branch of government, Zorkin began work on reforming the court and consistently defended the construction of a rule of law state in Russia. Throughout all his years of work in the Constitutional Court, he was an active supporter of the idea of ​​separation of powers and a defender of the constitutional order in Russia. In 1993, he played a significant role in resolving the power crisis, siding with parliament and calling on the president to solve problems only in accordance with the main law of the country. Zorkin stood between Khasbulatov and Yeltsin. It is thanks to him active participation, the conflict between the president and the Congress of People's Deputies was overcome and a compromise was found. This event had global consequences in the government of the country: he was removed from office, and the government was headed

The conflict with Boris Yeltsin was the reason that Valery Dmitrievich Zorkin resigned from the post of chairman of the Constitutional Court in 1993, but after a few months he returned to the court. However, he is still for a long time accused of partiality and excessive support of parliament. The end to these accusations came when in 1993 the Constitutional Court immediately canceled 27 orders of the head of parliament. Zorkin tried to maintain the independence of the court and establish the supremacy of the law.

For several years, Zorkin has been working as an ordinary judge, without attracting much public attention to his actions. In 2003, by secret ballot, he was again elected to the position of chairman of the Constitutional Court. Later he was elected to this position several more times. This time, Zorkin did not change the course of the court adopted in recent years, but became the cause of the confrontation between the Constitutional and Supreme Courts, putting the government's position into practice. Zorkin repeatedly appears on the pages of the media, makes loud statements, remaining a significant figure in Russian politics. In 2012, Valery Dmitrievich Zorkin became the chairman of the Constitutional Court for the fifth time.

Social activities and civic position

According to Soviet tradition, Zorkin joined the ranks of the CPSU back in 1970 and continued to sympathize with the communist idea for many years. But he did not show himself as a party activist. In 1990, Valery Dmitrievich, under the influence of social processes, decided to run for deputy, but in the first round he became third and in the second round he gave his votes to another candidate.

His views were always on the side of the Constitution, but during his life he fluctuated more than once and supported either the parliament or the president. Since 2003, his position has become more defined; he has become an active supporter of the presidential course.

As a public figure, Zorkin often makes various statements, in particular, gives a legal assessment of various historical events, for example, the abolition of serfdom in Russia, comments on events in the country and the world.

Achievements and awards

For his active work, Zorkin repeatedly received government and other awards. He has 2 orders “For Merit to the Fatherland” and the Order “ St. Sergius Radonezh". Valery Dmitrievich Zorkin, whose biography, awards and fame testify to his extraordinary nature, continues to work productively, and considers his main achievement to be the preservation of the leading role of the Constitution in governing the country.

Private life

Zorkin Valery Dmitrievich, whose family almost always remains in the shadows, is a widower. His wife Tamara Vasilievna was a candidate economic sciences, he has a daughter, Natalya, who, like her father, became a lawyer.